TERMS & CONDITIONS – Mays Elite Finance

Mays Pawnbrokers & Jewellers (“Mays Pawnbrokers”, “we”, “us”, “our”), a trading style of Ofriscate Limited, is one of UK’s leading online Pawnbroker’s to lend to people via the internet. Our company registration number is 01342508; our registered office is at Ofriscate Limited, 7th Floor, Cotton House, Old Hall Street, Liverpool, L39TX and our Financial Conduct Authority Permission number is FRN742462

The Website
1. The website mayselitefinance.com (the “Website”) is operated by Mays Pawnbrokers.
2. Please read the details set out below carefully before using this Website. By accessing this Website, you agree to be bound by the following terms and conditions and disclaimers (the “Terms”).
3. All our products and services are subject to the Terms of the applicable agreement governing their use.
No offer
1. Neither the information, nor any opinion contained in our Website constitutes an offer to sell or solicitation or an offer to buy any financial instruments or any advice or recommendation with respect to such financial instruments.
Users
1. You are wholly responsible for the use of the Website by any person using your computer and you must ensure that any such person complies with these Terms.
2. The Website is currently intended for those who access it from within England and Wales and who are 18 years of age and over. As a result of this we cannot guarantee that the Website or the information thereon complies with or is appropriate for use in other places.
3. To register with us you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
4. You will not knowingly transmit any virus or other harmful matter to the Website. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up the Website or any part of it.
Disclaimers and Limitation of Liability
1. Whilst we have taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained on the Website, information is provided on an “as is”, “as available” basis and we do not give or make any warranty or representation of any kind, whether express or implied. The use of the Website and the materials contained in it are entirely at your own risk. We shall not be liable for any losses or damages, whether direct or indirect, consequential or otherwise that you may suffer as a result of your use of the Website, including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from “hacking” or otherwise or your reliance on the information contained on the Website.
2. We do not represent or warrant that the Website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
3. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.
4. Nothing in these Terms or in the pages of the Website shall limit our liability for death or personal injury arising out of our negligence, or for fraud, or for any other liability, which cannot be excluded or limited under applicable law.
5. The information, material and content provided in the pages of the Website may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. Any revised term shall take effect as at the date when the change is made to the Website. You agree to review the Terms regularly and your continued access to or use of the Website will mean that you agree to any changes.
Third Party Websites
1. Links contained in the Website might lead to other websites not under our control, and we accept no liability for the content or availability of any linked site which is not operated by us or any link contained in a linked site not operated by us. Links on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and we do not necessarily endorse any pages linked to the Website. Accordingly, you should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
2. You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion. You are also not entitled to direct link (also known as “Hot Link”) any images or content without our prior written authorisation.
Internet E-mail
1. Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for any message lost, intercepted or altered by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.
2. The Website makes use of cookies. Cookies are files that identify your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. Many sites do this whenever a user visits their site in order to track traffic flows. Cookies themselves only record those areas of the site that have been visited by the computer and for how long. You may prevent the use of cookies by configuring your web browser accordingly, but please note that this may hinder some of the Website functionality.
Trade Marks and Copyright
1. All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the pages, screens, information and material) included in the Website and all software and source codes connected with the Website is owned by or licensed to Mays Pawnbrokers unless otherwise noted.
2. Our logos and all brands and products referred to or detailed in the Website are the trademarks of, or licensed to, Mays Pawnbrokers. No rights are granted in respect of any of the above trademarks. If you are in doubt whether an item is our trademark or that of any Mays Pawnbrokers business, please contact us for clarification.
3. You may imprint, copy, download or temporarily store extracts from our Website for your personal information or when you use our products and services. You may not republish, retransmit, redistribute or otherwise make such information or pages available to any other party or available on any website, on-line service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without our express prior written consent.
Data Protection
1. We may as a result of your interaction with the Website hold and process personal information obtained about you when you access the Website and use it for making lending decisions and servicing our relationship with you, for the purposes of fraud prevention and debt collection, to understand your financial needs, to conduct our business and to provide you with better customer services and products from both Mays Pawnbrokers and those of selected third parties, to evaluate the effectiveness of our marketing of the Website and for statistical analysis. We may pass this information to other members of Mays Pawnbrokers or agents, as permitted by law so that they may do the same and they may pass information held by them about you to us so that we may do the same. We will not disclose any such information outside of Mays Pawnbrokers except for fraud prevention purposes and/or if required/obliged by law or Governmental or judicial bodies or agencies or to our regulators under proper authority, or under a strict code of secrecy to sub-contractors or persons acting as our agents or where we have your consent or have previously informed you.
2. By submitting an application form through this site, you agree that Mays Pawnbrokers can contact you from time to time by post, fax, telephone or other electronic means, to tell you about other products and services, offered by ourselves or other carefully selected companies, that we believe would be of interest to you. We may also pass your information to third party financial services companies for the purpose of them telling you about their services or products.
3. All information submitted in this form is held safely and securely by Mays Pawnbrokers in accordance with the Data Protection Act 1998. We require all parties to whom we may pass your information to treat it with the same degree of confidentiality.
4. If we transfer your information to a service provider or agent in another country we will make sure that the service provider or agent agrees to apply the same levels of protection as we are required to apply to information held and to use your information only for the purpose of providing the service to us.

PAWNBROKING

By sending an item of property to Ofriscate Limited (trading as Mays Pawnbrokers & Jewellers), you agree to be bound by the following terms and conditions (the “Agreement”):

We lend fixed sums of money on a secured basis at a fixed interest rate over a fixed period of time. Any loan is subject to approving your application and you signing a formal credit agreement online. The credit agreement contains other information that we are obliged to supply to you, including the duration of the loan, the applicable %APR, how to cancel the loan, how to repay the loan early, the total amount you have to repay, and any charges that may be payable under the credit agreement if you are in default.
We recommend using Royal Mail Special delivery, please insure your items up to £500 and our insurance will cover the rest.
It is your responsibility to obtain and retain a receipt for shipping from the shipping agent. This receipt should include a unique tracking code. This receipt is required for any insurance claim. You must also ensure that you can produce photograph(s) of Your Property as well as at least one document per item which will prove ownership and the current replacement value of Your Property. Please note that it is your responsibility to keep safe all documentation relating to Your Property that would be useful in support of an insurance claim, including, but not limited to any purchase receipts, shipping receipts, certificates, valuations, insurance documents or photos. Please note the following clause [from the Royal Mail’s insurance claim processes] : “Royal Mail needs to ensure that unwarranted claims are not made and as such it retains the right to request further information from the claimant and to refuse claims that it suspects are unwarranted”.
Subject to the terms of Clause 4 above, you agree that we are not liable in any way if Royal Mail or our underwriters refuse any insurance claims in relation to Your Property.
Should any insurance claim arise out of any loss or damage suffered in shipping Your Property back to you, the replacement value(s) claimed will be according to our valuation of Your Property as described in Clause 9 below, whether you accept any loan offer or not.
On receiving Your Property from you, we inspect the item(s), and compare Your Property to the original description supplied by you, in order to confirm that they match. We value Your Property in good faith, according to accepted industry standards and prevailing market rates, and on the assumption that the description provided by you is completely accurate. Should Your Property vary from the original description in a manner which affects the valuation, we may, in our absolute discretion, decline to make an offer or make an offer to you that is higher or lower than the initial indication given to you for any reason, including but not limited to any difference in the actual quality of Your Property compared with our understanding of your original description or changes in the market for such item(s). Any offer that we make to you is subject to us being able to formally identify you, and you signing a formal credit agreement online.
You are responsible for any telecommunications charges, digital television subscription or other network charges for the time you spend accessing www.mayspawnbrokers.co.uk or calling us.
The laws of the United Kingdom (and English law in particular) are taken as the basis for the establishment of relations with you prior to the conclusion of the distance credit agreement, and govern the shipping terms and the credit agreement. We and you submit to the non-exclusive jurisdiction of the English courts, unless you live in Scotland, Northern Ireland, the Channel Islands or the Isle of Man, in which case you will be entitled to commence legal proceedings in your local courts.
This document, the shipping terms and any credit agreement are in the English language. We undertake to communicate with you in English during the duration of the loan application process and any loan you enter into. The information contained in this Pre-contract disclosure is only valid in respect of the proposed loan application and during the term of any ensuing loan.
If you want to make a complaint about the lending process, shipping or the loan you can emailcontact@mayspawnbrokers.co.uk, with brief details of your complaint and your account number. Our Customer Service staff will acknowledge your complaint by email within 1 business day. They will investigate and send you an initial response, having had access to an officer with the authority to settle the complaint (including, where appropriate, an offer of redress). Where appropriate, the member of staff investigating the complaint will not be any staff member who was directly involved in the subject matter of the complaint. This should take no longer than five business days, but most complaints may well be resolved by close of business on the business day after the complaint is received. If the complaint is not resolved by close of business on the business day after the complaint is received, we will send you a copy of this complaints handling procedure. If you are not satisfied by our response, you must contact the Customer Services Manager, who will respond by email within a further five business days. If you are not satisfied with the response from the Customer Services Manager, you can email contact@mayspawnbrokers.co.uk, enclosing the responses already given to you. Your email will then be referred to the Chief Executive Officer, who will respond by email within a final five business days. If within four weeks after receiving a complaint, we will send you either a final response or a response which explains why we are not in a position to resolve the complaint and indicates when we will make further contact. Complaints about the lending process or the loan that we cannot settle within 8 weeks after the date of complaint may ultimately be referred to the Financial Ombudsman Service. We will give you the details of that service if and when you are entitled to any such referral or otherwise at your request.
While we will provide you with information that we have to help you in any dispute or claim that you may have with your shipping agent, we cannot be held liable for any failure in the agent’s performance of its obligations to you.
To make a general enquiry concerning consumer credit licensing matters, please telephone the Office of Fair Trading on 020 7211 8608 between 9am and 5pm Monday to Friday. To search the public register of consumer credit licences, please either telephone or visit the Office of Fair Trading between 9.30am and 4pm at: Office of Fair Trading, Consumer Credit Licensing Bureau, Craven House, 40 Uxbridge Road, Ealing, London W5 2BS.
If any part of this Agreement that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of the Agreement.
You agree that all documents that we are entitled to send you electronically may be delivered to you at the latest email address you gave us, or in writing via any account that we set up for you.